Utah Admin. Code 162-2g-311

Current through Bulletin 2024-20, October 15, 2024
Section R162-2g-311 - Scope of Authority
(1) Trainees.
(a) An individual who has properly qualified as a trainee pursuant to Section R162-2g-302 may perform appraisal-related duties within the competence and scope of authority of the state-certified supervisory appraiser as follows:
(i) participating in property inspections;
(ii) measuring or assisting in the measurement of properties;
(iii) performing appraisal-related calculations;
(iv) participating in the selection of comparable properties for an appraisal assignment;
(v) making adjustments to comparable properties; and
(vi) drafting or assisting in the drafting of an appraisal report.
(b) The trainee may have more than one supervisory appraiser.
(c) The supervising appraiser shall be responsible to determine the point at which a trainee is competent to participate in each of the activities identified in Subsection (1)(a), within the following limitations:
(i) As to a minimum of the trainee's first 35 inspections of residential properties:
(A) the trainee shall be accompanied and supervised by a state-certified appraiser;
(B) both the interior and the exterior of the properties shall be inspected; and
(C) the appraisal report shall comply with the requirements of Subsection R162-2g-502a(1)(g).
(ii) After the trainee's first 35 inspections, the supervising appraiser shall determine whether the trainee has demonstrated sufficient competency to continue making inspections of residential properties without being accompanied by the supervising appraiser.
(iii) As to the trainee's first 20 inspections of non-residential properties:
(A) the trainee shall be accompanied and supervised by a state-certified general appraiser;
(B) both the interior and the exterior of the properties shall be inspected; and
(C) the appraisal report shall comply with the requirements of Subsection R162-2g-502a(1)(g).
(d) A trainee may not:
(i) solicit or accept an assignment on behalf of anyone other than:
(A) the trainee's supervisor; or
(B) the supervisor's appraisal firm;
(ii) discuss an appraisal assignment with anyone other than:
(A) the supervisory appraiser responsible for the assignment;
(B) state enforcement agencies;
(C) third parties as may be authorized by due process of law; and
(D) an authorized professional peer review committee.
(e) The following persons are not subject to the scope of authority limitations of this subsection:
(i) full-time elected county assessors; and
(ii) any person performing an appraisal to establish the fair market value of real estate for the assessment roll.
(2) In a federally-related transaction, state-licensed appraisers may appraise:
(a) non-complex one- to four-residential units having a transaction value of less than $1,000,000;
(b) complex one- to four- residential units having a transaction value of less than $250,000; and
(c) vacant or unimproved land that is utilized for one- to four-family purposes, or for which the highest and best use is one- to four-family purposes, so long as net income capitalization analysis is not required by the terms of the assignment.
(3) State-licensed appraisers and state-certified residential appraisers may not perform appraisals of the following:
(a) subdivisions for which:
(i) a development analysis is necessary; or
(ii) a discounted cash flow analysis is required by the terms of the assignment;
(b) vacant land, if the highest and best use of the land is for five or more one- to four-family units;
(c) commercial real property; or
(d) vacant land if the highest and best use of the vacant land is commercial use.

Utah Admin. Code R162-2g-311

Amended by Utah State Bulletin Number 2015-2, effective 1/1/2015
Amended by Utah State Bulletin Number 2018-2, effective 12/27/2017
Amended by Utah State Bulletin Number 2018-19, effective 9/4/2018
Amended by Utah State Bulletin Number 2020-14, effective 6/30/2020
Amended by Utah State Bulletin Number 2022-19, effective 9/14/2022